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MATTER OF T-H NEW ORLEANS LTD. PARTNERSHIP

Nos. 92-3941, 92-3942, 92-3959 and 92-3983.

5 F.3d 86 (1993)

In the Matter of T-H NEW ORLEANS LIMITED PARTNERSHIP, Debtor. T-H NEW ORLEANS LIMITED PARTNERSHIP, Appellee, v. FINANCIAL SECURITY ASSURANCE, INC., Appellant. In the Matter of T-H NEW ORLEANS LIMITED PARTNERSHIP, Debtor. T-H NEW ORLEANS LIMITED PARTNERSHIP, Appellant, v. FINANCIAL SECURITY ASSURANCE, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 3, 1993.

Attorney(s) appearing for the Case

Eugene R. Preaus, T. Rose Young, Preaus, Roddy & Krebs, New Orleans, LA, for Financial Sec. Assur., Inc.

Rudy J. Cerone, B. Franklin Martin, III, McGlinchey, Stafford, Lang, New Orleans, LA, for T-H New Orleans Ltd. Partnership.

Before EMILIO M. GARZA and DeMOSS, Circuit Judges, and ZAGEL, District Judge.

Rehearing Denied in Nos. 92-3941 and 92-3942 November 3, 1993.

DeMOSS, Circuit Judge:

I. FACTS AND PROCEDURAL HISTORY

In 1988, T-H New Orleans Limited Partnership (T-H NOLP), a hotel partnership, acquired its major asset, the Days Inn Hotel on Canal Street in New Orleans, Louisiana (the Hotel). In 1989, T-H NOLP sought to restructure the underlying mortgage debt on the hotel through a mortgage bond financing transaction. To achieve that end, T-H...

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